WELLS FARGO BANK, NA VS. GIOVANI RIVERA ALFARO
Case Information
Motion(s)
MOTION FOR SUMMARY JUDGMENT Pursuant To Ccp 437c
Motion Type Tags
Motion for Summary Judgment
Parties
- Plaintiff: WELLS FARGO BANK, NA
- Defendant: GIOVANI RIVERA ALFARO
Ruling
SF Superior Court - Law & Motion / Discovery Dept 301 - CGC25621813 - December 19, 2025 Hearing date: December 19, 2025 Case number: CGC25621813 Case title: WELLS FARGO BANK, NA VS. GIOVANI RIVERA ALFARO Case Number: | | CGC25621813 | Case Title: | | WELLS FARGO BANK, NA VS. GIOVANI RIVERA ALFARO | Court Date: | | 2025-12-19 09:00 AM | Calendar Matter: | | MOTION FOR SUMMARY JUDGMENT Pursuant To Ccp 437c | Rulings: | | On the Law and Motion/Discovery calendar for December 19, 2025, line 8. PLAINTIFF WELLS FARGO BANK, NA'S MOTION FOR SUMMARY JUDGMENT Pursuant To CCP 437c.
The motion for summary judgment is denied pursuant to Code of Civil Procedure, section 437c, subdivision (h), which permits the court to deny summary judgment where the opposing party provides evidence "that facts essential to justify opposition may exist but cannot, for reasons stated, be presented." The court construes defendant's motion for continuance as an opposition to summary judgment based on 437c, subdivision (h), and concludes that the opportunity to depose custodians to ensure that Wells Fargo's moving papers present evidence that the court may accept under applicable hearsay rules makes a satisfactory showing under that rule.
For the 9:00 a.m. calendar, all attorneys and parties may appear in Department 301 remotely or in person. Remote hearings will be conducted by videoconference using Zoom. (Dept. 301 Zoom ID 161 502 4290; Passcode 700956.) To appear remotely at the hearing, go to the court's website at sfsuperiorcourt.org under "Online Services," navigate to "Tentative Rulings," and click on the appropriate link, or dial the corresponding phone number.
Any party who contests a tentative ruling must send an email to contestdept301tr@sftc.org with a copy to all other parties by 4pm stating, without argument, the portion(s) of the tentative ruling that the party contests. The subject line of the email shall include the line number, case name and case number. The text of the email shall include the name and contact information, including email address, of the attorney or party who will appear at the hearing.
Counsel for the prevailing party is required to prepare a proposed order which repeats verbatim the substantive portion of the tentative ruling and must email it to contestdept301tr@sftc.org prior to the hearing even if the tentative ruling is not contested.
The court no longer provides a court reporter in the Law & Motion or Discovery Department. Parties may retain their own reporter, who may appear in the courtroom or remotely. A retained reporter must be a California certified court reporter (CSR), for only a CSR's transcript may be used in California courts. If a CSR is being retained, include in your email all of the following: their name, CSR and telephone numbers, and their individual work email address. =(301/CVA) | |